$0 Newfoundland and Labrador Small Claims Response Checklist

Small Claims Court Forms in Newfoundland and Labrador — Guide

Finding the Right Form

The Provincial Court of Newfoundland and Labrador prescribes specific numbered forms for every step of a small claims case. Using the wrong form — or skipping one — can stall your case or expose you to default judgment. All forms are available as free PDF downloads from the court's forms page at court.nl.ca or through the e-filing portal at provincial.efile.court.nl.ca.

Here's what each form does, when you need it, and what it costs.

The Forms, Explained

Form 1 — Statement of Claim

Who uses it: The plaintiff (the person starting the lawsuit).

Purpose: Initiates a small claims action. It identifies the parties, states the amount claimed (up to $25,000), and lays out the "Particulars" — the plaintiff's factual account of what happened and why they're owed money.

Fee: $50 for claims under $500; $100 for claims between $500 and $25,000.

If you're a defendant, this is the document you were served with. Your Reply must address the specific allegations in the Particulars section.

Form 2 — Reply

Who uses it: The defendant (the person being sued).

Purpose: Your formal response to the Statement of Claim. Form 2 lets you dispute the claim, admit it and propose a payment schedule, or file a counterclaim — all in one document. This is the most important form for defendants.

Fee: No fee to file a Reply. If you include a counterclaim, the counterclaim portion has the same fee as a Statement of Claim ($50 or $100 depending on amount).

Deadline: 10 calendar days after service within NL; 30 days if served outside the province.

Form 3 — Third Party Notice

Who uses it: A defendant who believes a third party (someone not yet part of the lawsuit) is responsible for all or part of the plaintiff's claim.

Purpose: Joins the third party to the action so their liability can be decided at the same hearing. For example, if you hired a sub-contractor who actually did the defective work, Form 3 brings them into the case.

Form 4 — Certificate of Service

Who uses it: Whoever served documents on another party.

Purpose: Proves that court documents were properly delivered. After you file your Reply (or any other document) and serve it on the other side, you file Form 4 to confirm how and when service happened. Attach delivery receipts if you used registered mail or courier.

Form 5 — Application for Default Judgment

Who uses it: The plaintiff, when the defendant hasn't filed a Reply within the deadline.

Purpose: Asks the court to enter judgment without a hearing (for liquidated debts) or to schedule a proof hearing (for unliquidated damages).

Fee: $10.

Form 7 — Subpoena to Witness

Who uses it: Either party.

Purpose: Compels a witness to attend the hearing and, if needed, bring specific documents. Issued by the court registry under section 9 of the Small Claims Act. Must be served personally with attendance fees.

Form 8 — Offer to Settle

Who uses it: Either party, subject to the Rule 14 timing requirements.

Purpose: A formal, confidential settlement proposal. An offer may be filed up to 7 days before trial or later with a judge's permission. If the applicable time limit has passed, a party may still make an offer, but the Rule 14 penalty provisions do not apply. If a plaintiff rejects a defendant's offer and is awarded no more than the offer at trial, including interest and expenses, or a defendant rejects a plaintiff's offer and the plaintiff is awarded at least the offer amount at trial, including interest and expenses, the judge may impose a penalty; a penalty under Rule 14(7) may be up to 20% of the offer. The other party may accept an offer before the trial date. Unlike informal negotiations, Form 8 creates a paper trail the court recognizes.

Form 10 — Judgment

Who uses it: The court.

Purpose: The formal record of the judge's decision after a trial or default proceeding. It states the amount awarded (or that the claim is dismissed) and is the document you need to enforce — or that can be enforced against you.

Form 11 — Summons to Payment Hearing

Who uses it: A judgment creditor (the person owed money after a judgment).

Purpose: Compels the judgment debtor to attend a hearing and disclose their financial situation — income, assets, debts. This is an enforcement tool used when someone won't pay a judgment voluntarily.

Form 14 — Application to a Judge

Who uses it: Either party.

Purpose: A catch-all application form for any interlocutory matter — requesting an extension of time, setting aside a default judgment, transferring the case to a different registry, or any other procedural issue that requires a judge's order.

Form 16 — Notice of Withdrawal

Who uses it: The plaintiff.

Purpose: Formally withdraws the claim. Used when the parties settle privately and the plaintiff wants to close the court file. Until Form 16 is filed, the lawsuit is still active regardless of what was agreed in private.

Form 17 — Consent Judgment

Who uses it: Both parties jointly.

Purpose: Records a settlement as a formal court judgment. Unlike a private settlement agreement, a consent judgment is immediately enforceable through the High Sheriff's Office if either side doesn't follow through.

Where to File and How

All forms are filed at the Provincial Court registry where the case was originally opened. You can file:

  • In person at the registry counter
  • By mail with the appropriate fee enclosed
  • Electronically through the e-filing portal at provincial.efile.court.nl.ca (requires a JER client account)

After filing a Reply, you must serve a copy on all parties named in the Statement of Claim. A Third Party Notice has separate service requirements under Rule 7. For other documents, check the applicable rule or court order to see who must be served. File proof of service using Form 4 where required. Filing at the registry and serving the other side are separate steps.

Our Responding to a Small Claim in NL guide includes a complete form-by-form walkthrough focused on the defendant's side — when you need each form, how to fill it out, and the exact filing and service sequence.

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